On April 11, 2013, California's Office of Environmental Health Hazard Assessment ("OEHHA") added bisphenol A ("BPA") to the list of chemicals known in the State of California to cause reproductive harm. OEHHA's listing of BPA is based on a 2008 report from the National Toxicology Program ("NTP") that BPA causes reproductive toxicity at high doses. Both the NTP report and OEHHA's proposal to list BPA were the subject of significant controversy, with industry groups challenging the science relied upon by NTP and environmental advocacy groups arguing that the proposed listing was long overdue. In an effort to respond to some of industry's concerns, OEHHA's proposed Maximum Allowable Dose Level ("MADL") for BPA was set at a level that has been characterized as being fairly high (290 micrograms per day) although that is likely to be challenged by environmental advocacy groups.

In any event, there is certainly likely to be a flurry of Proposition 65 notice letters sent out by the usual group of Proposition 65 plaintiffs and companies that distribute BPA-containing products in California would be well-served to ensure that their products contain the requisite Proposition 65 warnings.

Please click here for further information on OEHHA's decision to add BPA to the Proposition 65 list.